1.2 Social Construction of Criminality

• What is the social construction of crime?

  Refers to something that has been made or defined by society. What counts as criminality is simply whichever act society defines as criminal.
• What is culture?

  Culture includes the social behaviour and norms in human societies. It is the shared values, beliefs, customs and traditions of a specific group of people.
• How do laws change from culture to culture?

  • Religious beliefs
  • Different norms and cultures
  • Tradition
  • Public opinion
• Polygamy?


  When someone has more than one wife or husband. It is against the law in most countries e.g UK and Turkey
• Why does the law on polygamy vary?

  The cultural variations towards polygamy may be beavuse of religion. Religious beliefs can influence law making, and where religious beliefs oppose polygamy it will be classified as criminal behaviour. For example, in muslim countries it is legal as it is permitted in the Quran.

  It is also due to the differences in tradition, it is a socially accepted practice in some cultures.
• Homosexuality?


  Despite changes in social attitudes, homosexuality is regarded as criminal behaviour in some countries. Male homosexuality is illegal in 70 countries, and lesbian relationships are illegal in 45. In Russia, it is not illegal but it is illegal to promote it. In some countries it is regarded as extremely criminal and can be punished via the death penalty.
• Why does the law on homosexuality vary?

  In secular societies, homosexuality is less likely to be criminalised and social attitudes will be more accepting. Where cultures are largely influenced by their religious beliefs, it is more likely to be illegal. There is also sexism, as male homosexuality is seen to be more criminal than female homosexuality. Public opinion is also influential on the criminality of homosexuality. In cultures where the majority oppose it, it is more likely to be criminalised.
• Cannabis?


  Social attitudes can influence law making and the social construction of criminality. In the UK, possession of cannabis can lead to up to 5 years sentences, and 14 years for supplying. Whilst the behaviour is criminal in the UK, some other countries have decriminalised it such as Canada. In canada it is not illegal to use cannabis due to some personal and medical requirements.
• Why does the law on cannabis vary?

  Norms and values have impact on law making. Some social attitudes focus on individual choice and promote the idea that people should have freedom of choice on whether they want to use it or not. Other people may not consider using cannabis to be criminal if it doesnt cause harm to others. There are also different ways on how to control the use of drugs. Some countries take action as a form of deterrence, whilst some decriminalised the use of cannabis as a way of disrupting the ecosystem.
• How do laws change over time?


  They can change over time in a given society.

  • Campaigns for change
  • Landmark events
  • Ideas about human rights
  • Research
• Why did the laws on homosexuality change? The Wolfenden Report?


  John Wolfenden set up a committee of professionals in the 1950’s after a sharp increase in the number of homosexual men that were convicted of breaking the law. The committee was able to influence law makers, leading to change in 1967.
• Why did Law vary on homosexuality - Campaigns?

  Homosexuality was eventually legalised following a campaign to have the law changed. The Homosexual Reform Society led the campaign and other pressure groups, such as Stonewall, have led to further changes to laws.
• Why did law vary on homosexuality - politicians?

  The 2010 equality act is an act that made changes to the law. This act made it illegal to discriminate against people based on their sexual orientation, amongst other characteristics.
• Why did law on homosexuality vary - Human Rights?

  Members of society want the freedom to be who they want to be, and to live as they want to live. Human rights have influenced law makers to improve the law and ensure peoples rights.
• How do laws change in different places?

  The same actions are not necessarily criminal offences in all places through the world that have a similar culture.

  For example, jay walking is an offence in the USA and poland but not in the UK as it is considered a personal responsibility to cross the road safely.
• Laws applied differently according to the circumstances in which the actions occur in - stereotypes and typifications?

  The law might be enforced differently against different groups in society. Police officers and judges hold typifications about which type of people are typical criminals often based on class, gender and ethnicity. This effects application of formal sanctions and can make them harsher.
• Laws applied differently - age of criminal responsibility?

  Two people may commit the same criminal act but will be treated differently by the law if they are below the age of criminal responsibility. Children are not deemed criminally responsible until they are 10 in the UK. Regardless of their behaviour they cannot be convicted in the same way as an adult. This also affects the sanctions they are given, for example young people may be forced to attend youth court instead of prison.
• Laws applied differently - diminished responsibility?

  if a defendant can show their mental condition substantially reduced their ability to understand what they were doing or their ability to form a rational judgment, this reduces the conviction from murder to manslaughter.
• laws applied differently - moral panics?

  When a behaviour shocks or disrupts society and many people are affected by a crime, convictions of a crime can be more severe than usual. This is used as a good deterrent, preventing the behaviour that scares society from happening again. This usually occurs when there is a threat in society, the media will then sensationalise the level of threat and crimes which creates public fear. This creates a folk devil in which a group is vilified and seen as a threat to society.